Is low risk still too risky? That’s up to the Minister!

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Migration Case Law Updates

A few words from the Managing Director of VISA, Mr Anthony Robinson. BA. LLB. GDLP. LLM. Master Migration Lawyer and Senior Fellow.

We are very excited about our latest venture. As many may know VISA has recently entered the publishing business with the production of our Industry Newsletter: “Migration Case Law Updates“. VISA, through its team of staff writers and researchers, hopes to produce high quality, regular case reports and articles of interest for those professionals working in the Migration and Refugee legal space or those studying Immigration or the emerging field of Crimmigration.

It should be also noted, that in keeping with VISA’s philosophy of providing superior member benefits at an extremely cost effective prices – the Migration Case Law Updates, unlike other similar newsletters that charge up to $500 per yearly subscription, the Migration Case Law Updates is FREE when you join VISA!

In this article our staff writer looks to the concept of risk and is it reasonable to have a test that puts the bar so high?

Is low risk still too risky? That’s up to the Minister!

Da Costa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021]


1.             The applicant was convicted of indecent assault and been sentenced to more than 12 months imprisonment. The applicant sought the revocation of his visa cancellation. It had been cancelled by the Minister under the Migration Act 1958 (Cth) 501CA(4) (‘the Act’). The Minister used his power to cancel the visa and personally refused the revocation, citing 501CA(4)(b)(ii) “that there is another reason”. The subjective nature of this Minister’s power provides his desired outcome seemingly in spite of the evidence.

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